Badbaadinta Dadka Rayidk Ah: Protection of Civilians
December 2017 and Human Rights in Somalia and Human Rights PROTECTION OF CIVILIANS: OF PROTECTION
Building the Foundation for Peace, Security for Building the Foundation Mogadishu, 14 October 2017 2017 October 14 Mogadishu,
Muqdisho, 14 Oktoobar 2017 BADBAADINTA DADKA RAYIDK AH: Dhisidda Aasaaska Nabadda,Amniga iyo Xuquuqda Aadanaha eeSoomaaliya Diseembar 2017
PROTECTION OF CIVILIANS: Building the Foundation for Peace, Security and Human Rights in Somalia
December 2017
BUILDING THE FOUNDATION FOR PEACE, SECURITY AND HUMAN RIGHTS IN SOMALIA i : Mandate
This report was prepared by the Human Rights and Protection Group (HRPG) of the United Nations Assistance Mission in Somalia (UNSOM) and covers the period from 1 January 2016 to 14 October 2017.
The UNSOM HRPG prepared this report pursuant to UNSOM’s mandate under United Nations Security Council Resolution 2158 (2014), which requires UNSOM “to monitor, help investigate and report to the Council on, and help prevent any abuses or violations of human rights or violations of international humanitarian law committed in Somalia.” United Nations Security Council Resolution 2358 (2017) emphasises the importance of “respect for international humanitarian law and the protection of civilians, especially women and children, by all parties to the conflict.”
UNSOM HRPG implements activities designed to minimize the impact of the armed conflict on civilians, including monitoring and reporting incidents involving loss of life or injury to civilians; advocacy and capacity-building to strengthen the protection of civilians affected by the armed conflict; initiatives to promote compliance among all parties to the conflict with international humanitarian and human rights law; and technical assistance to the Government to enable Somalia to fulfil its human rights obligations.
This report is jointly published by UNSOM and the Office of the United Nations High Commissioner for Human Rights (OHCHR).
ii PROTECTION OF CIVILIANS Map of Somalia
Caluula GULF O F A D E N Breeda DJIBOUTI Gees Asayita Bandar Murcaayo Djibouti Boosaaso Gwardafuy Saylac Raas (Bender Cassim) Butyaalo Dikhil Surud Bargaal Raas Maskan Qandala ceel Raas Ja Raas Binna Silil Khansiir Xiis Maydh Laasqoray Karin D aho a D t r Hurdiyo ro Raas AWDAL Bullaxaar Berbera Ceerigaabo (Erigavo) B AARR I Xaafuun Xaafuun Baki S A NAA G Iskushuban Boorama Ka WOQOOYI rkaar Mountains D Burco Dire Dawa GALBEED e Togwajaale r (Burao) Garadag Qardho Bandarbeyla Dudo Nazret Hargeysa Harer Jijiga Oodweyne Xudun Kiridh Taxeex TOGDHEER S O O L E yl Garoowe Buuhoodle Laascaanood Degeh Bur NUNUGGAAAAL Raas Gori Rit Gabbac Eyl
Berdaale Xamure ETHIOPIA Werder Beyra Seemade (Galcaio) Garacad Megalo K'ebri Dahar Gaalkacyo Imi MUDUG War Galoh Gode Shilabo Baxdo Mirsaale Hilalaya Mereer-Gur Dhuusamarreeb Hargele (Dusa Marreb) GALGUDUUD Hobyo Ferfer Ceel Huur Ceel Buur W Beledweyne Xarardheere e b BAKOOL i
Derri
Dolo Bay Xuddur HIRS AAN h I N DIAN O CEAN a (Oddur) b Buulobarde e Ceeldheere Luuq Tayeeglow e l l e
Garbahaarrey Baydhabo KENYA (Baidoa) SHABELLE GEDO Mahadday DHEXE Buurhakaba Weym El Beru Hagia Wanlaweyn Cadale Diinsoor BAY Jawhar (Giohar) Baardheere Balcad
W Afgooye e b i Muqdisho (Mogadishu) Qoryooley J Wajir u BANADIR SOMALIA b JUBA b SHABELLE a Marka (Merca) National capital DDHEXHEXE HOOSE Haaway Regional capital Baraawe Town, village Bu'aale Afmadow Airport Jilib International boundary Bilis Qooqaani Regional boundary Jamaame JUBA Undetermined boundary SOMALIA Main road HOOSE Kismaayo (Chisimayu) Track
Isole Railroad Giuba 0 50 100 150 200 km Buur Gaabo
Raas 0 50 100 mi Kaambooni The boundaries and names shown and the designations used on this map - do not imply official endorsement or acceptance by the United Nations. -
Garsen Lamu
Map No. 3690 Rev. 10 UNITED NATIONS Department of Field Support December 2011 Cartographic Section
BUILDING THE FOUNDATION FOR PEACE, SECURITY AND HUMAN RIGHTS IN SOMALIA iii : Contents
Acronyms...... v Executive Summary...... vi Methodology...... viii I. Findings...... 1 A. Overview of Violations and Abuses...... 1 B. Human Rights Violations Attributed to State Actors or Affiliated Groups...... 2 1. National and International Security Forces ...... 2 2. Somali National Army...... 2 3. Somali Police...... 3 4. Intelligence and Security Agencies...... 5 5. African Union Mission in Somalia...... 6 6. Militia and Armed Groups Affiliated with National and International Security Forces...... 10 C. Airstrikes by International Forces...... 10 D. Human Rights Violations and Abuses Attributed to Armed Groups...... 11 1. Al Shabaab...... 11 2. Other Armed Groups...... 12 E. Types of Attacks and Violations and Abuses Attributed to Armed Groups...... 14 1. Other Methods of Attack...... 16 2. Conflict-Related Abduction of Civilians...... 17 3. Amnesties...... 17 II. Sexual Violence and Violations Affecting Children in the Conflict-Affected Areas of Somalia...... 19 A. Sexual Violence...... 19 B. Children and Armed Conflict ...... 20 III. Recommendations...... 24
ANNEXES...... 27
iv PROTECTION OF CIVILIANS Acronyms
AMISOM: The African Union Mission in Somalia ASWJ: Ahlu Sunna Waljama’a CCTARC: Civilian Casualty Tracking, Analysis and Response Cell CRSV: Conflict-Related Sexual Violence ENDF: Ethiopian National Defence Forces FGS: Federal Government of Somalia FMS: Federal Member State HRDDP: Human Rights Due Diligence Policy HRPG: Human Rights Protection Group IED: Improvised explosive device IGAD: Inter-Governmental Authority on Development ISAG: Islamic State Affiliated Group JISA: Jubbaland Intelligence and Security Agency KDF: Kenyan Defence Forces MRM: Monitoring and Reporting Mechanism NISA: National Intelligence and Security Agency OHCHR: Office of the United Nations High Commissioner for Human Rights PCC: Police Contributing Countries PIS: Puntland Intelligence Services PSF: Puntland Security Forces SGBV: Sexual and Gender-Based Violence SNA: Somali National Army SEMG: Somalia and Eritrea Monitoring Group SP: Somali Police SPF: Somali Police Force TCC: Troop Contributing Country UNHCR: United Nations High Commissioner for Refugees UNMAS: United Nations Mine Action Service UNSOM: United Nations Assistance Mission in Somalia UNSOS: United Nations Support Office in Somalia VBIED: Vehicle Borne Improvised Explosive Device
BUILDING THE FOUNDATION FOR PEACE, SECURITY AND HUMAN RIGHTS IN SOMALIA v : Executive Summary
This report focuses on violations of international humanitarian and human rights law committed in the context of Somalia’s long-standing armed conflict. The findings and analysis in the report are a first attempt by UNSOM to quantify civilian casualties (civilians killed and injured in the context of the armed conflict) and assess the toll of the conflict on civilians between 1 January 2016 and14 October 2017. During this period, attacks by state and non-state actors inflicted high numbers of civilian deaths and injuries, caused damage to public and private infrastructure, loss of livestock, and impeded access to humanitarian relief for communities in need. The report is intended to serve as a baseline upon which further analyses of the impact of the conflict on civilians can be documented and contains recommendations to reduce and prevent civilian casualties, which can be monitored for implementation.
From 1 January 2016 to 14 October 2017, UNSOM documented a total of 4,585 civilian casualties (2,078 killed and 2,507 injured), 60 per cent of which were attributed to Al Shabaab, 13 per cent to militia, 11 per cent to state actors, four per cent to the African Union Mission to Somalia (AMISOM), and 12 per cent to other and undetermined or unidentified actors. In addition, 729 civilians were abducted by Al Shabaab, of whom 403 were reportedly released. Al Shabaab was also responsible for 86 targeted assassinations and executed 46 persons during the reporting period.
According to the United Nations Mine Action Service (UNMAS) civilians comprised 54 per cent of the casualties, totalling 2,298 (748 killed and 1,550 injured) caused by improvised explosive devices (IEDs). Before the devastating attack of 14 October 2017 in Mogadishu in which 512 civilians were killed and 316 were injured, the highest number of civilian casualties occurred in the months of June 2016 and January 2017, mainly in Banaadir, Bay and Lower Shabelle regions, during Ramadan and the electoral process period, respectively.
State and non-state actors also carried out extrajudicial executions, sexual and gender-based violence, arbitrary arrests and detention, and abductions. For example, arrests and detention by the National Intelligence and Security Agency (NISA) routinely violate international human rights law, and it is of particular concern that journalists and Al Shabaab suspects are often detained without charges. Somali children are disproportionately affected by the conflict, and are exposed to grave violations during military operations, including killing, maiming, and arrest and detention by Somalia security forces during military or security operations. The protracted conflict has also resulted in widespread sexual and gender-based violence against women, men, boys, and girls, with women and girls particularly affected.
A significant number of the civilian casualties recorded were attributed to clan militia engaged in conflicts in the context of a non-international armed conflict, in areas where federal or state security forces were largely absent. The main trigger of clan conflicts are disputes over land and resources, compounded by an ongoing cycle of retaliation. The drought has intensified clan conflict due to competition over resources, and these conflicts are exploited by anti-government elements to further destabilize areas, diminish prospects for lasting peace and weaken civilian protection.
Attacks targeting civilians and indiscriminate attacks by non-state actors – in particular through the use of IEDs and suicide attacks in civilian-populated areas – are prohibited under international humanitarian law and in most cases likely amount to war crimes. It is imperative that the perpetrators of such acts be identified and held accountable.
vi PROTECTION OF CIVILIANS While the majority of civilian casualties during the reporting period were caused by Al Shabaab and other non-state actors, a smaller number were attributed to state security actors and AMISOM. These are of utmost concern as they undermine the Somali population’s trust in the Government and the international community, which in turn expands the space in which anti-government elements continue to operate.
Some steps taken by the Federal Government and Parliament, such as establishing ad hoc investigation committees to investigate violations of a grave nature, signify a commitment to address violations although the outcomes have not been forthcoming. The implementation of the political agreement on Somalia’s National Security Architecture, reached by the Federal Government and the Federal Member States in April 2017, has become central to achieving sustainable security sector reform. It provides an opportunity to ensure that Somali-led security institutions are accountable and have the capacity to provide security and protection to citizens, in accordance with international human rights law and international humanitarian law. The establishment of the independent National Human Rights Commission with a mandate to investigate violations of human rights and hold perpetrators accountable, especially for violations caused by security forces, is a crucial step in this regard.
The promotion of human rights and the protection of civilians, which are foundational elements for a legitimate state, are significant challenges in Somalia due to the extremely difficult security situation and weak or absent rule of law. To support efforts to improve civilian protection and compliance with human rights obligations, UNSOM recommends that all parties to the conflict take all feasible precautions to protect civilians in the conduct of military operations by ceasing the deliberate targeting of civilians and civilian objects, ending the use of all IEDs, and to cease firing mortars, rockets and grenades from and into civilian-populated areas.
The Federal Government of Somalia (FGS) and Federal Member States (FMS) are encouraged to adopt the legislative, policy, and law enforcement measures necessary to ensure the effective investigation and prosecution of serious violations and abuses of international human rights law and international humanitarian law. With respect to AMISOM, implementation of some measures recommended in the framework of the United Nations Human Rights Due Diligence Policy (HRDDP), such as issuance of Force Commanders’ Directives on protection of civilians and compliance with international humanitarian law, and training and dissemination of human rights and IHL-compliant Rules of Engagement, show some progress. However, AMISOM is urged to strengthen its accountability measures on incidents involving civilians through timely investigation and communication of outcomes, and to cooperate with all United Nations and humanitarian actors to enhance its capacity to fulfil its mandate in full compliance with participating states’ obligations under international humanitarian law and international human rights law.
BUILDING THE FOUNDATION FOR PEACE, SECURITY AND HUMAN RIGHTS IN SOMALIA vii : Methodology
UNSOM HRPG documents civilian casualties based on international best practice, human rights monitoring methodology, the UN Monitoring and Reporting Mechanism (MRM) guidelines, and the UN field manual on grave violations against children in armed conflict. The report refers to civilian casualties where there are reasonable grounds to believe that the victims were civilians and were killed or injured as a direct result of war operations and the acts, decisions, and/or purposes causing them were closely related to the conflict.
For the purposes of this report, UNSOM follows the approach afforded by international humanitarian law and international human rights laws, or the “rights-based” approach. This is consistent with its mandate on protection of civilians, which includes monitoring, investigating and reporting on civilian protection and helping prevent violations by advocating with and supporting the Somali authorities to meet their international human rights obligations.1
UNSOM monitors allegations against all parties to the conflict and reports on violations irrespective of who committed them. It conducts interviews, on-site visits, and other means of information collection, following strict rules to ensure confidentiality of sources to avoid doing harm and ensure the credibility of the United Nations. While this report attempts to capture the total number of civilian casualties recorded during the reporting period, it should be noted that not all civilian casualties constitute violations of international humanitarian law and international human rights laws. While under international humanitarian law, parties to the conflict must at all times distinguish between civilians and combatants and civilian objects and military objectives, and must take all feasible measures to avoid civilian casualties, the incidental death or injury of civilians or destruction of civilian objects resulting from an attack that has been directed towards a legitimate military objective does not necessarily amount to a violation of international humanitarian law. UNSOM recognizes that the death of civilians and destruction of civilian objects during an armed conflict, no matter how grave, may not inand of themselves violate international law2 and makes every effort to identify as precisely as possible the party responsible for a particular civilian casualty. Due to security constraints and the complex operating environment, such as blurring identities between AMISOM and non-AMISOM forces when
1 UNSOM considers the term civilian casualties when international humanitarian law applies and victim when it refers to international human rights law. 2 Recording an individual as a casualty is not always determinative of a violation of international law (although high numbers of casualties may be indicative of violations and reflect the concept of ‘patterns of harm’). UNSOM’s casualty recording is undertaken in conflict situations where there is often a high number of incidents taking place, in areas where insecurity does not allow access. Consequently, it may not be possible to identify each victim (e.g. when a suicide bombing occurs in an urban area), determine their status at the time (e.g., whether shopping or directly participating in hostilities), attribute responsibility for each casualty (e.g., where multiple armed groups are in the area) and make a determination of a violation in relation to each casualty (e.g., whether the damage to civilians and/or civilian objects was excessive in relation to the military advantage anticipated).
viii PROTECTION OF CIVILIANS troops of the same country operate under different umbrellas, to the inability of sources to clearly identify or distinguish between actors, or to the absence of claim of responsibility, it is not always possible for UNSOM to attribute responsibility.3
The sources used to gather information vary and include victims, witnesses, and family members, and local, national and international non-governmental organizations (NGOs). UNSOM collected information from local officials, community leaders, police, military, journalists and United Nations entities. UNSOM also reviewed documentary information including official documents, records kept by Government entities and/other institutions, photographs, videos, and recordings, and open source material including media, internet, social media, and reports from NGOs. The sources were primary (direct) or secondary (indirect).
UNSOM requires at least three independent sources to verify a civilian casualty. Wherever possible, information is obtained from the primary accounts of victims and/or witnesses, although the prevailing insecurity significantly restricts UNSOM’s access. UNSOM has not included information that has not been cross-checked or verified. Therefore, the actual number of casualties is likely to be higher. UNSOM has developed a range of methodologies, including building the capacity of its sources to monitor and report on human rights. In some incidents, the civilian status of the reported victims may not have been conclusively established. Disaggregated data remain largely unavailable, but in several instances, verified information includes data by sex and age. Allegations involving AMISOM troops are routinely communicated to AMISOM, along with recommended actions or requests for information on the actions that have been taken. Regarding incidents related to airstrikes, UNSOM reviews reports on the use of AMISOM air assets to determine whether the helicopters have flown in the area of the incident on the same date.
UNSOM provided advance copies of this report for verification of factual errors, and the responses received are attached as an annex.4 Some comments have been addressed directly in the report.
3 Based on OHCHR monitoring methodology, allegations received by UNSOM against AMISOM are transmitted to AMISOM within the HRDDP framework. Through this, UNSOM seeks information on the incidents, actions taken to investigate and as necessary, hold perpetrators to account. Engagement with AMISOM on the incidents takes places through written exchange and different forums, including the UN-AMISOM Joint Working Group on HRDDP which then decides or advises AMISOM, the joint AMISOM-UN technical teams on the investigation and accountability measures. With respect to Sexual Exploitation and Abuse cases, reporting follows a twin-track approach with allegations shared in writing with AMISOM highlighting the victim and witness protection considerations, and in parallel with OHCHR for strategic advocacy with the AU and relevant member states. The Senior Leadership Coordination Forum (SLCF), the highest forum co-chaired by the Special Representative of the Secretary General and the Special Representative of the Chairperson of the African Union Commission may also discuss particular violations within its HRDDP standing agenda item. See para. 34 (50 allegations were transmitted to AMISOM and responses received on 26 of them during the reporting period). 4 Advance copies were provided to authorities in Jubbaland, Puntland, HirShabelle, Somaliland, and Interim South West Administration, as well as AMISOM, the FGS Ministry of Women and Human Rights Development, and the Embassies of the United States of America and the Republic of Kenya in Mogadishu. The HirShabelle Administration pledged to ensure that human rights are respected, particularly for the most vulnerable including women and children. It acknowledged the need for continued strengthening of the capacity of Somali security actors in complying with international human rights standards and collaborating with all partners. UNSOM acknowledges and appreciates the responses received.
BUILDING THE FOUNDATION FOR PEACE, SECURITY AND HUMAN RIGHTS IN SOMALIA ix : 1. Findings
A. Overview of Violations and Abuses
1. The reporting period saw significant political developments in Somalia, with the completion of the formation of the Somalia’s five Federal Member States (Jubbaland, South West Administration, HirShabelle, and Galmudug), the electoral process in December 2016 for a bicameral Parliament with a new Upper House, and the election of a new President in February 2017. The FGS and the FMS also agreed on Somalia’s National Security Architecture in April 2017, and a Security Pact was adopted at the London Somalia Conference in May 2017, which (among other things) urged all parties to uphold human rights and international humanitarian law, strengthen institutions to address impunity, and improve the protection of women and children.5
2. The security situation remained volatile during the reporting period. The main conflict was between national security forces – supported by AMISOM – and Al Shabaab, the major armedgroup controlling significant territory in Jubbaland, South West State, and HirShabelle. Other conflicts resulting in civilian casualties included recurrent clashes between clan militia aligned to power holders, especially in areas where national and state security forces were absent.
3. UNSOM documented violations by state actors including Somali National Army, Intelligence Security Agency, Somali Police, as well as AMISOM and other international forces, and violations and abuses by non-state actors such as Al Shabaab, clan militia in the broader context of armed conflict, and the militia affiliated with Islamic State in Iraq and the Levant (ISIL). Violations and abuses included killings and other attacks against civilians and civilian objects, extrajudicial executions, sexual and gender-based violence, arbitrary arrest and detention, abduction, torture, as well as the six grave violations against children.
4. From 1 January 2016 to 14 October 2017, a total of 4,585 civilian casualties were recorded (2,078 killed and 2,507 injured), 60 per cent of which were attributed to Al Shabaab (2,728 casualties, 1,233 killed, 1,495 injured), 13 per cent to militia (594), 11 per cent to state actors (522), four per cent to AMISOM (181), and 12 per cent to other and unidentified actors.6 In addition, 729 civilians were abducted by Al Shabaab, of whom 403 were reportedly released.
CIVILIAN CASUALTIES PER PERPETRATORS JANUAR TO OCTOBER